Current through Register No. 40, October 3, 2024
(a) In
this section the division shall use the categories corresponding to those used
by EPA in 40 CFR
171.3 "Categorization of commercial
applicators of pesticides." The letters following the category in parentheses
shall be used by the division for coding purposes on registration
certificates.
(b) Agricultural pest
control (A) shall be divided into the following subcategories:
(1) Fruit (A1), which shall include
applicators of pesticides for the control of pests common to fruit operations
such as orchards, and small fruit and berry growers;
(2) Herbicides (A2), which shall include
applicators of herbicides for the control of vegetative pests associated with
crops such as corn, grass crops, and other forage crops;
(3) Field Crops (A3), which shall include
applicators of pesticides, including soil fumigants, used for the control of
pests associated with field crops such as corn, potatoes, beans, and other
vegetative crops; and
(4) Animals
(A4), which shall include the following:
a.
Persons who supervise or make applications of pesticides to animals including
common domestic animals such as dogs, cats, fish, birds, hamsters and
rabbits;
b. Persons who supervise
or make applications of pesticides to animals being grown or maintained for the
production of an animal-related agricultural commodity or to structures or
areas in or on which such animals are confined; and
c. Doctors of veterinary medicine engaged in
the business of applying pesticides for hire, publicly holding themselves out
to be:
1. Pesticide applicators; or
2. Engaged in large scale use of
pesticides.
(c) Forest pest control (C) shall be divided
into the following subcategories:
(1) Forest
pest control and timber treatment (C1), which shall include commercial
applicators using or supervising the use of pesticides in forests or forest
nurseries, including state and federal employees operating on public and
private lands; and
(2) Christmas
trees (C2), which shall include commercial applicators using or supervising the
use of pesticides in the maintenance and production of Christmas
trees.
(d) Ornamental
and turf pest control (G) shall be divided into the following subcategories:
(1) Shade and ornamental pest control (G1),
which shall include commercial applicators using or supervising the use of
pesticides to control pests in the production and maintenance of ornamental
trees, shrubs, and flowers;
(2)
Turf (G2), which shall include commercial applicators using or supervising the
use of pesticides to control pests in the maintenance and production of turf,
including municipal and private golf courses; and
(3) Indoor foliar pest control (G3), which
shall include commercial applicators using or supervising the use of pesticides
to control pests in the maintenance of ornamental trees, shrubs, flowers and
other ornamental plants in an indoor environment.
(e) Aquatic pest control (D) shall include
commercial applicators using or supervising the use of any pesticide
purposefully applied to standing or running water, excluding applicators
engaged in public health related activities included in
Pes
302.01(g)(2) and
Pes
302.01(h).
(f) Right-of-way and commercial weed and
brush control (B) shall include commercial applicators using or supervising the
use of pesticides for the control of weeds, brush and other vegetative pests in
industrial and non-crop sites, and in the maintenance of public roads, electric
powerlines, pipelines, railways, waterways, airports, boundary markers and
other right-of-way areas including any non-crop area which might require weed
and brush control.
(g) Industrial,
institutional, structural, and health related pest control (F) shall be divided
into the following subcategories:
(1)
Industrial, institutional, structural, and health related pest control (F1),
which shall include commercial applicators using or supervising the use of
pesticides, primarily for insect control, in, on, or around any structure and
adjacent area, public or private, and for the protection of stored, processed,
or manufactured products.
(2)
Mosquito and black fly (F2), which shall include commercial applicators using
or supervising the use of pesticides for the control of such insects as
mosquitoes, black flies, and other biting arthropods in their various
habitats;
(3) Termites and other
wood-destroying insects (F3), which shall include commercial applicators using
or supervising the use of pesticides for the preventive and remedial control of
such insects as termites, ants, powder-post beetles, and other wood-destroying
insects in and around structures;
(4) Fumigation (F4), which shall include
commercial applicators using or supervising the use of fumigant pesticides for
the control of insect pests, including the fumigation of beehives and related
equipment;
(5) Pole treating and
wood preservation (F5), which shall include commercial applicators using or
supervising the use of wood preservatives to protect lumber products and
utility poles from the degrading effects of pests;
(6) Food handlers (F6), which shall include
commercial applicators not for hire, using or supervising the use of
pesticides, in, on or around food handling establishments and shall be confined
to direct employees of food handling establishments;
(7) Sewer root control (F7), which shall
include commercial applicators using or supervising the use of pesticides to
remove plant roots from sewer and drain systems; and
(8) Microbial pest control (F8), which shall
include commercial applicators using or supervising the use of pesticides to
control mold, fungi, bacteria, shellfish and algae within structures and
industrial processing facilities including, but not limited to, recirculating
cooling water systems, brewery pasteurizing systems, air washers and pulp and
paper mills, in, on or around human dwellings, schools and any other structures
and adjacent areas, public or private.
(h) Public health pest control (E), shall be
limited to state, federal or other governmental employees using or supervising
the use of pesticides in public health programs for the management and control
of pests having medical and public health importance.
(i) Regulatory pest control (I) shall include
state, federal or other governmental employees using or supervising the use of
pesticides in the control of "Invasive species," as defined in
RSA
430:52 VII, or regulated pests as listed upon
the "Regulated Pest List" maintained by the US Department of Agriculture,
Animal and Plant Health Inspection Service.
(j) Demonstration and research pest control
(H) shall include such persons as university cooperative extension specialists
and educators, representatives of pesticide
manufacturers or distributors and all others who demonstrate pesticides, their
use, and application. Also included in this category shall be federal, state or
other public employees, representatives of private institutions or pesticide
manufacturers who conduct field research or supervise the use of
pesticides.
(k) Aerial pest control
(J) shall include commercial and governmental applicators using fixed wing
aircraft, rotary wing aircraft, or both to apply pesticides in the control of
various pests.
#150, eff 1-9-74, amd by #1058.5, eff 11-22-77; ss by
#2781, eff 7-26-84; amd by #4030, eff 4-1-86; amd by #4812, eff 5-3-90; amd by
#4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #8059, eff 5-30-04; ss by
#10198-B, eff 10-3-12
